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ThaDrewski

Recently I was sitting outside a friend's house with three other people. As we sat on the curb and waited, we saw a cop car cruise up the street and make a U. I had about a half oz on me but other than that we werent doing anything illegal, and we werent behaving suspiciously, so I didnt worry about it. The fed approached, slowed down, and asked us what we were doing. We told him we were waiting for our friend to come home, and that he lived there. The cop laughed and got out and then pointed at me. He said "remember me?" and I realized it was officer cunningham, who had caught me drinking a month or two before (im underage).
He then asked us all for ID, and after hed checked my friend's IDs he said "You dont have an ID, do you?" (I didnt). He then pulled me to my feet and told me to put my hands on my head, etc, etc.
I protested, asking him what Id done wrong, and whether he had a warrant. He told me he did.
Long story short, he found the weed, kept it, and let me go.
It turned out he was one of the Park Police, and that I was on Park property (I think, this wasnt real clear).
I highly doubt he actually had a warrant on me. Nothing had happened before that would lead to the police having a warrant. So, now Im wondering whether the search was legal or not. Two possibilities that crossed my mind: He was park police and I was on park property, so he didnt need a warrant to search me
OR
Since he had caught me doing something illegal before, he didnt need a warrant.
Could it be one of these? Both? Something different?
Or was it an illegal search? Since he let me go, im not gonna press the issue, but I want to prevent this situation from recurring, or at least know my rights if it does.

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Tha Drewski

 

Buzzby

If all he did was confiscate your weed you got off easy.

From your story he had no business searching you. He obviously didn't have a warrant. You have to have a reasonable suspicion that a crime has been committed and then go to a judge to get a warrant. Unless he had a judge in his patrol car where would he get one?

You can say you refuse to submit to a search but you should never physically resist one. If the same situation comes around again there's not a damned thing you can do about it. They're still not going to give you back your stash.

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hauptmann

What time of day did this happen? If it was night that could be a factor. Your friend lives in a park? Was the park closed? How did you protest and how were you guys acting? You didnt show him ID. There were 2 of you right? Were you just sitting in front of an empty house? I think its legal under terry v ohio, stop n' frisk. I'm sure NS will be along with a solid answer.

He let you off you should be very happy. This could be alot worse, could be a busted thread.

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ThaDrewski

Of course Im glad he let me off, I know it could have been worse. That doesnt erase my suspicions that there was something wrong with the whole situation. If this happens again, the officer might decide not to let me go. Better yet, id like to know what I might have done wrong in this scenario so i can correct it and not have to go through it again.

It happened during the day. We were near my friend's house, but not on the property. We were sitting a curb about fifty yards from the actual house, in the only area with shade that we could find. There were four of us: myself, two other guys, and a girl. As far as Im concerned there we werent doing anything that would arouse suspicion; the cop probably stopped because he recognized me. The area was nothing but roads with grass in between, not a park per se, but I suppose park property could have extended to that area. The reason I believe it was park property was because the back-up officer mentioned something about it.

As far as my actual methods of protest, the cop physically picked me up and told me to put my hands on my head, I asked "why", he didnt give me an answer, I asked him if I was under arrest, he said "youre going to be", and then I asked him if he had a warrant, to which he said "yeah, I do." Theres no reason he would have had a warrant, and his answer sounded more like a casual dismissal of my question than an honest answer. I never physically resisted.

reggie_the_dog

did you ask him to see the warrant?

 

hauptmann

There is no way he had a warrent to search you. He probably just said that because at that point he really didnt need one and didnt feel like explaining it to you. I believe his search was legal without a warrent. He was outnumbered, you didnt have any ID, you guys were just hanging out in a public park waiting for your friend to get home. How old are you btw? Were you just sitting there with your hands folded in your lap? Did you ignore him at all or give him an attitude, laugh etc.? Or were you guys moving around, being loud or anything? Were you the only one he searched? Or did he check you all out?

Sorry for the 20 questions I'm writing a book....

goldberry

Was this a public park or a neighborhood association park? If it was the latter then you were trespassing (since you say your friend who lived in the house was not there yet) and you could have been arrested for it.

You might want to stop doing anything illegal at that park since he obviously recognizes your face and has caught you twice. He's probably going to mess with you everytime he sees you, in fact, I wouldn't be surprised if that's why he made the U-turn.

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WNB

So what are you going to do, file a complaint? That's the cop's logic, anyway. No charges, it doesn't matter if what he did was legal or not.

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phuzz01

Based on the totality of circumstances (time of day, on park property, no ID, two of you, prior history, etc.), the police officer can do a stop and frisk under Terry v. Ohio for weapons (good call hauptmann). As he is patting you down, if he feels something and its illegal nature is immediately apparent, he can seize it without a warrant.

olehippie

Sorry to hear what happened to you, but happy in another way. Under state and federal law a police officer has a right to do a cursory search of an individual for weapons. The courts rules on this are for the protection of the officer , the subject , and the public. If an officer finds something that he knows is contraband he may seize it and charge the person. The main thing here is that he did not ruin your life by arresting you. yousound like you are young and don't need to have a drug conviction following you around the rest of your life. If that was a Federal Park Policeman it could of been worse. (felony)
I spent 22 years as a cop. The hardest thing I had to deal with were the marijuana laws. They are a waste of money and time. these laws ruin many peoples lives. Imagine try to work at a job you love, then go home and smoke a joint and feel like you have failed because society says your a no good drug addict, when you know you are not.

I tried fighting this mentality from the inside for years. There is a long way to go to get things to change.

I guess I'm rambling, better stop.

MARIJUANA LAWS SUCK